P&B Intermodal v. Johnson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 P&B INTERMODAL, No. 2:21-cv-0603-KJM-CKD PS 12 Plaintiff, ORDER 13 v. (ECF Nos. 14, 17) 14 MARCEY JOHNSON, 15 Defendant. 16 17 On August 5, 2021, the magistrate judge filed findings and recommendations (ECF 18 No. 17), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen days. No objections were filed. 20 The court presumes that any findings of fact are correct. See Orand v. United States, 21 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 22 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 23 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 24 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 25 supported by the record and by the proper analysis. 26 ///// 27 ///// 28 ///// ] Accordingly, IT IS HEREBY ORDERED: 2 1. The findings and recommendations (ECF No. 17) are ADOPTED IN FULL; 3 2. Plaintiffs motion for default judgment (ECF No. 14) is GRANTED under the terms 4 || specified herein; 5 3. Judgment is entered in plaintiffs favor and against defendant; 6 4. Plaintiff is awarded a constructive trust upon the settlement proceeds in defendant’s 7 | actual or constructive possession in the amount of $32,399.19, plus interest accrued; and 8 5. The Clerk of Court is directed to close this case. 9 | DATED: November 10, 2021. 10 1 ee CHIEF ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28